pocso act

Oral sex with minor not ‘aggravated sexual assault’ under POCSO, HC reduces jail term of man

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Oral sex with minor not ‘aggravated sexual assault’ under POCSO, HC reduces jail term of man

Highlights

  • In 2016, an FIR was filed against a man accusing him of having ‘oral sex’ with a 10-year-old.
  • Based on the FIR, a case was registered under Section 377.
  • Court today observed that oral sex with a minor is not ‘aggravated sexual assault’ under POCSO Act.

Reducing the jail term of a man convicted of sexually assaulting a 10-year-old boy, the Allahabad High Court has observed that ‘oral sex’ with a minor does not come under the ‘aggravated sexual assault’ category in the Protection of Children from Sexual Offences (POCSO) Act. In the judgment, the court said the crime falls in the ‘penetrative sexual assault’ category which is punishable under Section 4 of the POCSO Act. 

In 2016, an FIR was filed in the Jhansi district against a man accusing him of having “oral sex” with the 10-year-old son of the complainant in exchange for Rs 20. The boy was also threatened with dire consequences if he told anybody about the incident.

Based on the FIR filed four days after the incident, a case was registered under Section 377 (carnal intercourse against the order of nature) and 506 (criminal intimidation) of the Indian Penal Code and section 3/4 of the POCSO Act.

The convict appealed against the 10-year jail term sentenced by an additional sessions judge/special Judge, POCSO Act, Jhansi. The Allahabad High Court partly allowed the appeal and sentenced the convict to seven years in jail instead of 10 years.

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“From the perusal of the provisions of POCSO Act, it is clear that offense committed by appellant neither falls under Section 5/6 of POCSO Act nor under Section 9(M) of POCSO Act because there is ‘penetrative sexual assault’ in the present case,” Justice Anil Kumar Ojha observed.

The crime does not fall in the category of ‘aggravated sexual assault’ or sexual assault. It comes in the category of ‘penetrative sexual assault’ which is punishable under Section 4 of the POCSO Act, he said.

“After going through the records and provisions of POCSO Act, I am of the considered opinion that the appellant should be punished under section 4 of POCSO Act because the act done by appellant falls in the category of penetrative sexual assault,” the judge said. 

Also Read: ‘Skin-to-skin’ contact not necessary for sexual assault under POCSO: Supreme Court

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